Breach of Implied Warranty Claim Dismissed in N.C. Smith & Nephew Hip Case

CHARLOTTE, N.C. — A North Carolina federal judge has dismissed a breach of implied warranty claim in a hip replacement case for lack of privity, explaining that defendant Smith & Nephew did not make any representations to the plaintiff regarding the device.

In an Aug. 11 order, Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina adopted a magistrate judge’s report and recommendation that under state law, a patient is not a "buyer" of medical devices.

Matthew Johnson underwent implantation of a Smith & Nephew hip replacement device on Nov. 16, 2009. …